“My stepmother asks for the property my father gave me as a gift before remarriage”… What is the court decision?

“My father, who was about to remarry, was concerned about future inheritance disputes, so he gifted some of his assets to me, his son, before remarrying. The problem is that the stepmother knows this. “If the father dies before the stepmother, can the stepmother claim a reserve portion of the property gifted before remarriage?”

There are many cases of remarried families gifting their pre-remarriage assets to their children to avoid inheritance disputes.

On the 21st, lawyer Eom Jeong-sook, who specializes in real estate, said on the YouTube channel ‘Beopdo TV’, “Remarriage, like a first marriage, gives the right to claim inheritance rights between spouses once the marriage is registered.” If property was donated to children before remarriage, the remarried partner “If the spouse claims a right to reserve the gifted property, the situation is not simple,” he said.

She added, “Even if a gift of property was made before remarriage, the remarried spouse can claim a reserve under the law.”

A reserved portion claim lawsuit is a lawsuit in which the remaining heirs claim the right to a reserved portion against an heir who inherited all property according to a will.

The spouse is legally the first heir to succession. This is also true in remarried families, if one spouse dies, he or she becomes a joint heir along with the deceased spouse’s children. Inheritance rights, as defined by law, are people who have the right to claim inheritance, and if the right to inheritance is violated, they also have the right to claim the reserved portion.

Attorney Eom said, “There is no significant difference from a normal family in that there are inheritance rights and distribution rights between spouses in a remarried family,” but “the difference is that there is no inheritance right with the other spouse’s children that the spouse does not give birth to.”

In other words, in a typical family, when a parent dies, the child inherits the property, and conversely, if an unmarried child dies, the parent inherits the child’s property. On the other hand, in a remarriage family, inheritance rights do not pass on to the other spouse’s children that the spouse did not give birth to.

Therefore, from the child’s perspective, his or her property will not be passed on to his or her stepmother or stepfather, but since the same inheritance rights exist between spouses as in an ordinary family, this often leads to inheritance disputes.

For example, when his father dies, he does not메이저사이트 like the idea of ​​having to share his father’s property not only with himself but with his stepmother. Therefore, there are many cases of remarried families gifting property to their children before remarriage to avoid disputes.

In fact, there was a case where a person donated property to his or her children before remarriage, and the stepmother requested a reserve portion of the property. The stepmother’s side claimed a reserved share of property donations made between the other spouse and her children before remarriage, and the other spouse’s children countered that it was unconstitutional to include gifts made before remarriage in the reserved basic property.

In that case, the Constitutional Court ruled in favor of the stepmother, saying, “If the marriage has been legally registered under the Civil Act, the status of a spouse under the law is not treated differently, and the spouse’s status and rights are not treated differently depending on the time and number of marriages.”

Even if property is donated before remarriage, the timing of remarriage and gift is not important because the other spouse has rights to inheritance that can be claimed from the moment the marriage is registered through remarriage.

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